No—the extra signature alone does not turn your clearly labeled Form 1040 into a second return.
“I mailed my Dual Status Return and signed both the Return and the Dual Status Statement. The instructions say the statement doesn't need a signature, but is it a problem that I signed it? Could my clearly marked 1040 Dual Status Statement be misunderstood as a Return because of the extra signature?”
Summary
The signature was unnecessary, but IRS processing instructions say a signature on either form is accepted regardless of which document controls. If the forms had the correct year-end-status roles and clear dual-status labels, you do not need to send another return solely to undo that signature.
The extra-signature answer is the same in both cases, but the correct return-and-statement roles depend on your status on the last day of the tax year.
This matches the package you described: Form 1040-NR is the , and the attached Form 1040 is the . Although the 2025 Form 1040-NR instructions say not to sign that Form 1040, IRM 3.21.3.85.3 tells IRS processors to accept a signature on either form regardless of the .
If you were a resident on the last day of the year, Form 1040 should have been the and Form 1040-NR the . In that case, the form roles—not the extra signature—would be the issue under Publication 519, chapter 6.
The signature does not decide which form controls; IRS processing instructions use year-end residency, the labels, and the filing setup.
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Watch out for
Next steps
These steps avoid a duplicate filing while preserving a clear record of what you mailed.
While the mailed return is pending
Do not mail another original return for this signature
Take no corrective filing action solely because both forms were signed. IRM 3.21.3.85.3 says a signature on either form is accepted regardless of the controlling document, and the IRS page updated August 3, 2026 says not to file a second return while waiting after mailing.
Requirements
Now
Keep the return and statement together in your records
Keep the exact packet as mailed. The labels show the intended roles, and the IRM directs processors to use year-end residency and the identified dual-status return—not the location of a signature—to determine the controlling form.
Requirements
Only if a notice arrives
Respond only if the IRS asks
Reply using the response method stated in the notice by its printed due date. State that Form 1040 was clearly marked as the dual-status statement and was signed accidentally; the IRS says no reply is needed unless it specifically asks for one.
Requirements
Legal sources
This answer comes from the 2025 Form 1040-NR Instructions, IRS Publication 519, IRS Internal Revenue Manual 3.21.3, and current IRS post-mail and notice guidance.
2025 Instructions for Form 1040-NR
For a person who was a nonresident at year end, these instructions establish that Form 1040-NR is the return and Form 1040 may be the labeled, unsigned statement.
page 13, What and Where To File for a Dual-Status Year
If you were a nonresident on the last day of the tax year, file Form 1040-NR. Enter “Dual-Status Return” across the top and attach a statement showing your income for the part of the year you were a U.S. resident. You can use Form 1040 or 1040-SR as the statement; enter “Dual-Status Statement” across the top. Don’t sign the Form 1040 or 1040-SR.
IRS Publication 519 (2025)
The return’s signature already covers the supporting dual-status statement, so a separate signature is unnecessary.
chapter 6, page 47, Statement
Any statement must have your name, address, and TIN on it. You do not need to sign a separate statement or schedule accompanying your return because your signature on the return also applies to the supporting statements and schedules.
IRM 3.21.3.85.3
IRS processors determine which form controls from year-end residency and accept a signature on either form; the signature does not itself choose the return.
IRM 3.21.3.85.3
If the taxpayer is a U.S. resident at the end of the year, Form 1040 is to be processed. If the taxpayer is a nonresident at the end of the year, Form 1040-NR or Form 1040-NR-EZ is to be processed. Accept the taxpayer’s signature on either the Form 1040, or Form 1040-NR or Form 1040-NR-EZ, regardless of which return is the controlling document.
IRS Let Us Help You
After mailing, the IRS says not to send a duplicate return merely because processing is still pending.
If you mailed a tax return or letter and haven’t yet heard from us, don’t call or file a second return.
IRS Understanding Your Notice or Letter
No unsolicited response is needed, but an IRS request must be answered by its deadline.
If we ask you to respond, act by the due date. You don't need to reply unless we specifically ask you to.
These are the official IRS rules as published or updated on the cited dates; tax forms and processing instructions can change.
This is general information about official tax processes, not legal advice, and SettleKit is not a law firm.
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